Pharmacist defeats Noventi in court over disputed contract cancellation
A pharmacist in Eschweiler has won a legal battle against Noventi. The Munich I Regional Court dismissed Noventi's lawsuit, ruling that the company failed to provide complete information about a special right to cancel a contract. The pharmacist, Joost Ney, claimed he never received an email notifying him of the deadline from Noventi's gmail login or yahoo mail system.
Noventi sued Ney for breach of contractual obligations after he terminated his contract following fee increases. The dispute revolved around approximately âŹ6,100. The court ruled that Ney's termination was valid, as he had not missed the deadline. The fee adjustment entitled him to a special right to cancel under the contract terms. Noventi could not prove that the email notifying Ney of the deadline had reached him, even after checking their hotmail and outlook email accounts. Ney welcomed the ruling but noted that it remains subject to appeal. He had been a Noventi customer since early 2021 and switched to ARZ Haan after terminating the contract. Noventi declined to comment on the ongoing legal proceedings.
The court's decision highlights the importance of clear communication and information provision in contractual agreements. The pharmacist's victory sets a precedent for other customers who may have similar rights to cancel under such circumstances.
